Family Reunification in the EU The Movement and Residence Rights of Third Country National Family Members of EU Citizens

Erscheinungsjahr 2019
ISBN: 978-1-5099-3219-1
Verlag: Bloomsbury 3PL

Buch, Englisch, 160 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 257 g

This monograph examines the intricate legislative and jurisprudential scenario of family reunification between EU citizens and third country nationals that has developed in the European Union over the last 50 years. Focusing on family residence rights granted to third country national family members of EU citizens, it examines one of the largest sectors affected with over two hundred thousand permits granted each year. In addition to its practical significance, the field has been the object of a lively debate, which has yet to be systematically analysed. Using a historical approach, it illustrates the development of the legislation and of the case law on the issue considering the factors that influenced the choices of the EU Legislator and of the Court over the years. It also suggests what future path the Court could take when deciding on cases in the field in order to reinforce the protection of families. This important research ensures full understanding of the EU legislation and of the Court's jurisprudence and allows for its correct application by Member States.

Autoren/Hrsg.

Berneri, Chiara

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Öffentliches Recht (inkl. EMRK)

Inhaltsverzeichnis

Introduction

1. Family Reunification at the Time of Bilateral Agreements and the Common Market

1. Introduction

2. Movement Rights of Workers and the Role of Italy: From Bilateral Agreements to the Treaty of
Rome and the Common Market

3. Bilateral Agreements and Family Members' Residence Rights

4. EEC Family Residence Rights Provisions and Approach Towards Third Country Nationals

5. Conclusions

2. Foreigners Become Enemies: The New Immigration Approach since the Oil Crisis of 1973

1. Introduction

2. The Stigmatisation of Foreigners

3. The Creation and Development of a Fortress Europe: How Foreigners Started to be Stigmatised by the EU

4. Conclusions

3. Family Reunification between EU Moving Citizens and Third Country National Family Members

1. Introduction

2. The Right of Residence of Third Country National EU Family Members

3. Other Conditions Inserted in the Early Free Movement Legislation to be Fulfilled by the EU Worker

4. Other Conditions Inserted in the More Recent Legislation

5. Conclusions

4. EU Static Citizens Law Cases

1. Introduction

2. The Development of the Concept of EU Citizenship

3. The Final Detachment of the Concept of EU Citizenship from the Right of Free Movement: Zambrano

4. The First Zambrano Curtailment: McCarthy

5. The Completion of the Zambrano Curtailment through the Specification of the Substance of Rights test: Dereci

6. The Post-Dereci Cases: A Confi rmation of the Strict Approach of the Court on Third Country National
Family Residence Rights

7. Conclusions

5. Conclusion

Über Autor(innen)

Berneri, Chiara
Chiara Berneri is Lecturer in Law at the Faculty of Business and Law, Open University, UK.

Chiara Berneri is a lecturer of EU Law and Constitutional Law at BPP University.